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Council of Europe
treaties relating to asylum and refugees
Convention for the Protection of Human Rights
and Fundamental Freedoms, 1950
See main text for details
European Convention on Extradition 1957;
Additional Protocol of 1975
The object of the Convention
is to define "uniform rules with regard to extradition"
for Contracting Parties. The "obligation to extradite is
stated in principle (Article 1). However, "political
offences" (Article 3) and "military offences"
(Article 4), as defined by the Convention, are not grounds for
extradition in principle. Asylum seekers with a legitimate claim
and refugees will not be extradited by a Contracting party.
The 1975 Additional Protocol
defines the concept of a political offence (Article 3 of the
Convention).
European Social Charter
The Appendix to the Social
Charter provides that:
" Each Contracting
Party will grant to refugees as defined in the Convention relating
to the Status of Refugees, signed at Geneva on 28 July 1951, and
lawfully staying in its territory, treatment as favourable as
possible, and in any case not less favourable than under the
obligations accepted by the Contracting Party under the said
Convention and under any other international instrument applicable
to those refugees."
European Convention on Social Security, 1972
The fourth paragraph of the
Preamble to the Convention affirms "the principle of equality
of treatment for nationals of the Contracting Parties, refugees
and stateless persons, under the social security legislation of
each Contracting Party…".
Article 4 of the Convention
states that its provisions shall be applicable:
"(a) to persons who are
or have been subject to the legislation of one or more of the
Contracting Parties and are nationals of a Contracting Party, or
are refugees and stateless persons resident in the territory of a
Contracting party, as well as to the members of their families and
their survivors;
(b) to the survivors of
persons who were subject to the legislation of one or more of the
Contracting Parties, irrespective of the nationality of such
persons, where these survivors are nationals of a Contracting
Party, or refugees or stateless persons resident in the territory
of a Contracting Party;".
European Convention on the Suppression of
Terrorism, 1977
The increase in political
violence in Europe in the early and mid 1970s led the Council of
Europe to react by means of a European Convention on the
Suppression of Terrorism. While the European Convention on
Extradition has a mainly regulatory function, this convention has
principally a punitive function.
Article 1, strengthened by
Article 2, provides that certain offences, implicitly considered
as "terrorist", will not be considered as political
offences for the "purposes of extradition between Contracting
States". Persons whose extradition is requested on the basis
of such offences may be extradited between Contracting States. The
Convention modifies as between Contracting States the
"provisions of all extradition treaties and arrangements
applicable between Contracting States, including the European
Convention on Extradition", to the extent that they are
incompatible.
Nevertheless, Article 5
provides that the requested State is not obliged to extradite if
it "has substantial grounds for believing that the request
for extradition for an offence mentioned in Article 1 or 2 has
been made for the purpose of prosecuting or punishing a person on
account of his race, religion, nationality, or political opinion,
or that that person’s position may be prejudiced for any of
these reasons". Article 5 corresponds to the provisions of
Article 3 of the European Convention on extradition.
In addition, under certain
conditions defined by Article 13, "Any state may … declare
that it reserves the right to refuse extradition in respect of any
offence mentioned in Article 1 which it considers to be a
political offence, an offence connected with a political offence
or an offence inspired by political motives…". Many
Contracting States have made this declaration.
European Agreement on the Transfer of
Responsibility for Refugees, 1980
This concerns refugees who
have moved their residence to another country. It provides that
the responsibility for a refugee will pass from the country of
asylum to the country of her/his residence at the end of a period
of two years of actual and continuous stay in the latter country.
This country will then become responsible, in particular, for
issuing the Convention Travel Document. For the purposes of
calculating this two-year period, stays authorised solely for
study purposes, training or medical care are not taken into
account.
It should be stressed that
the provisions of this Agreement apply only to (European) States
party to it. As with other European treaties, States which are not
members of the Council of Europe, including non-European States,
may be invited by the Committee of Ministers of the Council of
Europe to accede to the Agreement, if they are party to the 1951
Convention and/or the 1967 Protocol. Meanwhile, refugees whose
status has been recognised and who have been issued a Convention
Travel Document by a non-European State which is not yet party to
the Agreement may not avail themselves of the provisions of this
Agreement.
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